Congress of the United States Washington, DC 20515 January 5, 2005 The Honorable Michael Johanns Governor State of Nebraska Office of the Governor P.O. Box 94848 Lincoln, NE 68509-4848 Dear Governor Johanns: On January 4, 2005, the U.S. Department of Agriculture announced that it would lift the ban on cattle imports from Canada, effective on March 7. A principal rationale for USDA's decision is that Canada has a "rigorous" and "effective" feed ban in place, which prevents the spread of "mad cow disease" by preventing protein derived from cattle from being fed to cattle. It appears, however, that USDA has failed to review significant evidence that calls into question the effectiveness of the Canadian feed ban. If, as expected, you are confirmed as Secretary of Agriculture, we urge you to assess this new information carefully before proceeding with the plan to reopen the U.S. border to the importation of millions of Canadian cattle. We have learned that: " U.S. regulators have discovered animal muscle, hair, blood and bone in Canadian feed. Over the last 15 months, the U.S. Food and Drug Administration (FDA) has issued "import alerts" blocking the importation of products from 17 Canadian companies, including two of the largest feed manufacturers in the country. FDA found muscle tissue in 15 products, animal hair in five, blood in eight, and bone in two. Eight "import alerts'' on Canadian feed are still active today. " Recent tests have shown that Canadian feed often contains unanticipated animal protein. Over two-thirds of samples of vegetarian animal feed manufactured in Canada and recently tested by the Canadian regulators contained "undeclared animal materials." In an internal memo, a senior regulator called the test results "worrisome." " Major noncompliance with Canadian feed rules persists. Recent inspections have revealed that seven Canadian feed mills had "major non-compliance" issues, and three were failing "to prevent contamination of... feeds." In one recent case, potentially contaminated feed was consumed by cattle. " Canada recognizes gaps in its own feed ban. On December 10, 2004, Canadian regulators concluded that "the current framework provides opportunities for prohibited proteins to be accidentally included in or cross-contaminate feeds." Canada then proposed changes to its feed ban. The Honorable Michael Johanns January 5, 2005 Page 2 These findings, which are discussed in detail in the attachments to this letter, have significant implications. The recent discovery of another case of mad cow disease in Canada underscores the potential risk of inadequate measures to prevent the spread of the disease. If Canada's feed ban is not effective, then Canada does not qualify as a "minimal risk" country under the new definition put forward by USDA, and the importation of Canadian cattle cannot resume. It is imperative that these issues be thoroughly investigated before authorizing Canadian imports. For these reasons, we urge you to consult with FDA about the "import alerts" against Canadian feed suppliers and assess their implications for the effectiveness of the Canadian feed ban. We also urge you to review the Canadian documents questioning industry's compliance with the feed ban and to talk to Canadian officials about the limitations of their current feed ban. After undertaking this investigation, we urge you to appear before Congress to communicate your findings. Sincerely, Henry A. Waxman Ranking Minority Member Committee on Government Reform U.S. House of Representatives Kent Conrad Senator U.S. Senate